INDRAJ AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order dated 23.11.1998, passed by learned Additional Sessions Judge, Neem-Ka-Thana, District Sikar, whereby learned Additional Sessions Judge has accepted the application filed by prosecution under Sec. 216 Crimial P.C. and altered the charge and ordered to add the charge of offence under Sec. 302 IPC. In the alternative charged for offence under Sec. 306 IPC. Hence this revision.

(2.) Brief facts relating to this revision are that one Sunda Ram lodged a written report at the Police Station Neem-Ka-thana, alleging that Smt. Shakuntala was raped and murdered by accused Indraj, Bugla, and Balia alias Balvir. On this report, police registered a case for offence under Sections 376, 302 read with 34 IPC. After investigation, Police filed challan against accused Indraj, Bugla, Balia alias Balvir for the offence under Sections 376 and 306 read with Sec. 34 Penal Code before the concerned Court. Then case was committed to Sessions Court, Additional Sessions Judge, Neem-Ka-Thana, framed charges against all the three accused persons for the offence under Sections 376 and 306 IPC.

(3.) Prosecution examined as many as 18 witnesses. Accused persons were examined under Sec. 313 Crimial P.C. Seven defence witnesses were examined and case was posted for final arguments. An application under Sec. 216 of Crimial P.C. was filed by prosecution. After hearing arguments, that application was accepted, against which, this Criminal revision is filed.